Common use of Other Methods of Procurement of Goods Clause in Contracts

Other Methods of Procurement of Goods. and Works. The following table specifies the methods of procurement, other than International Competitive Bidding, which may be used for goods and works. The Procurement Plan shall specify the circumstances under which such methods may be used: (a) National Competitive Bidding, subject to the following additional provisions: (i) there shall be no eligibility restrictions based on nationality of bidder; (ii) pre-qualification shall not be used for simple works procurement and shall be conducted only for large works contracts; (ii) entities in which the State or a State official owns a shareholding of whatever size shall not be invited to participate in tenders for the Government unless they are and can be shown to be legally and financially autonomous and operate under commercial law; (iv) no national preferences may be applied on the basis of the origin of products or labor; (v) joint venture partners shall be jointly and severally liable for their obligations; (vi) no “participation fee” shall be required of bidders for the purchase of bidding documents. The only charge shall be equivalent to the cost of producing (copying) the bidding documents; (vi) in the evaluation of bids, bids may not be rejected where they differ substantially from the estimated prices calculated by the procuring entity, except where the bid prices exceed the available budget; (viii) rebidding shall not be carried out without prior approval of the Association; (ix) works contracts of more than eighteen (18) months’ duration shall include appropriate price adjustment provisions; and (x) prior approval of the Association shall be required for any modification in the contract scope and conditions during implementation. (b) Shopping

Other Methods of Procurement of Goods. and Works. The following table specifies the methods of procurement, other than International Competitive Bidding, which may be used for goods and worksgoods. The Procurement Plan shall specify the circumstances under which such methods may be used:. (a) National Competitive Bidding, subject to the following additional provisions: (i) there shall be no eligibility restrictions based on nationality of bidder; (ii) pre-qualification shall not be used for simple works procurement and shall be conducted only for large works contracts; (ii) entities in which the State or a State official owns a shareholding of whatever size shall not be invited to participate in tenders for the Government unless they are and can be shown to be legally and financially autonomous and they operate under commercial law; (iviii) no national preferences may be applied on the basis of the origin of products or labor; (viv) joint venture partners shall be jointly and severally liable for their obligations; (viv) no “participation fee” shall be required of bidders for the purchase of bidding documents. The only charge shall be equivalent to the cost of producing (copying) the bidding documents; (vi) in the evaluation of bids, bids may not be rejected where they differ substantially from the estimated prices calculated by the procuring entity, except where the bid prices exceed the available budget; (viiivii) rebidding shall not be carried out without prior approval of the AssociationBank; (ixviii) works contracts of more than eighteen (18) months’ duration shall include appropriate price adjustment provisions; and (xix) prior approval of the Association Bank shall be required for any modification in the contract scope and conditions during implementation; and (x) standard bidding documents approved by the Bank shall be used. (b) Limited International Bidding (c) Shopping

Other Methods of Procurement of Goods. and Works. The following table specifies the methods of procurement, other than International Competitive Bidding, which may be used for goods and works. The Procurement Plan shall specify the circumstances under which such methods may be used: (a) National Competitive Bidding, subject to the following additional provisions: : (i) there shall be no eligibility restrictions based on nationality of bidder; bidder and/or origin of goods; (ii) pre-qualification shall not be used for simple goods and works procurement and shall be conducted only for large works contracts; projects; (iiiii) entities in which the State or a State official owns a shareholding of whatever size shall not be invited to participate in tenders for the Government unless they are and can be shown to be legally and financially autonomous and they operate under commercial law; ; (iv) no national preferences may be applied on the basis of the origin of products or labor; ; (v) joint venture partners shall be jointly and severally liable for their obligations; ; (vi) no “participation fee” shall be required of bidders for the purchase of bidding documents. The only charge shall be equivalent to the cost of producing (copying) the bidding documents; ; (vivii) in the evaluation of bids, bids may not be rejected where they differ substantially from the estimated prices calculated by the procuring entity, except where the bid prices exceed the available budget; ; (viii) rebidding shall not be carried out without prior approval of the Association; ; (ix) works contracts of more than eighteen (18) months’ duration shall include appropriate price adjustment provisions; and and (x) prior approval of the Association shall be required for any modification in the contract scope and conditions during implementation. (b) Shopping, subject to the provisions in the Operational Manual

Other Methods of Procurement of Goods. through the Recipient’s Procurement Laws. Within the overall context of the Procurement Guidelines, local procurement of goods and Worksworks will follow the Recipient’s Procurement Laws. The following table specifies the methods of procurement, other than International Competitive Bidding, which may procurement to be used for goods and worksin accordance with the Recipient’s Procurement Laws. The Procurement Plan shall specify the circumstances under which such methods may be used: (a) National Competitive Bidding, subject to the following additional provisions: Bidding (b) Shopping (c) Direct Contracting (i) there post bidding negotiations shall not be no eligibility restrictions based on nationality of allowed with the lowest evaluated or any other bidder; ; (ii) pre-qualification shall not bids should be used submitted and opened in public in one location immediately after the deadline for simple works procurement and shall be conducted only for large works contracts; submission; (ii) entities in which the State or a State official owns a shareholding of whatever size shall not be invited to participate in tenders for the Government unless they are and can be shown to be legally and financially autonomous and operate under commercial law; (iv) no national preferences may be applied on the basis of the origin of products or labor; (v) joint venture partners shall be jointly and severally liable for their obligations; (vi) no “participation fee” shall be required of bidders for the purchase of bidding documents. The only charge shall be equivalent to the cost of producing (copying) the bidding documents; (vi) in the evaluation of bids, bids may not be rejected where they differ substantially from the estimated prices calculated by the procuring entity, except where the bid prices exceed the available budget; (viiiiii) rebidding shall not be carried out without prior approval of out, except with the Association; ’s prior agreement; (ixiv) works lottery in award of contracts of more than eighteen shall not be allowed; (18v) monthsbidders’ duration shall include appropriate price adjustment provisions; and (x) prior approval of the Association qualification/experience requirement shall be required for any modification in the contract scope and conditions during implementation.mandatory; (bvi) Shoppingbids shall not be invited on the basis of percentage above or below the estimated cost and contract award shall be based on the lowest evaluated bid price of compliant bid from eligible and qualified bidder; and (vii) single stage two (2) envelope procurement system shall not be allowed.

Other Methods of Procurement of Goods. and Works. The following table specifies the methods of procurement, other than International Competitive Bidding, which may be used for goods and works. The Procurement Plan shall specify the circumstances under which such methods may be used: (a) National Competitive Bidding, subject to the following additional provisions: (i) there There shall be no eligibility restrictions based on nationality of bidder; (ii) prePre-qualification shall not be used for simple works procurement and shall be conducted only for large works contracts; (iiiii) entities Entities in which the State or a State official owns a shareholding of whatever size shall not be invited to participate in tenders for the Government unless they are and can be shown to be legally and financially autonomous and operate under commercial law; (iv) no No national preferences may be applied on the basis of the origin of products or labor; (v) joint Joint venture partners shall be jointly and severally liable for their obligations; (vi) no No “participation fee” shall be required of bidders for the purchase of bidding documents. The only charge shall be equivalent to the cost of producing (copying) the bidding documents; (vivii) in In the evaluation of bids, bids may not be rejected where they differ substantially from the estimated prices calculated by the procuring entity, except where the bid prices exceed the available budget; (viii) rebidding Rebidding shall not be carried out without prior approval of the AssociationBank; (ix) works Works contracts of more than eighteen (18) months’ duration shall include appropriate price adjustment provisions; and (x) prior Prior approval of the Association Bank shall be required for any modification in the contract scope and conditions during implementation. (b) Limited Competitive Bidding (c) Shopping

Other Methods of Procurement of Goods. and Works. The following table specifies the methods of procurement, other than International Competitive Bidding, which may be used for goods and works. The Procurement Plan shall specify the circumstances under which such methods may be used: (a) National Competitive Bidding, subject to the following additional provisions: (i) there shall be no eligibility restrictions based on nationality of bidder; (ii) pre-qualification shall not be used for simple works procurement and shall be conducted only for large works contracts; (ii) entities in which the State or a State official Recipient owns a majority shareholding of whatever size shall not be invited to participate in tenders for the Government unless they are and can be shown to be legally and financially autonomous and operate under commercial law; (ivii) no national preferences may pre-qualification shall be applied on the basis of the origin of products or laborconducted for large works projects; (viii) pre- and post-qualification criteria shall only pertain to past contract performance, financial, managerial and technical capabilities of bidders; (iv) joint venture partners shall be jointly and severally liable for their obligations; (viv) no “participation fee” estimated contract prices shall not be required of bidders for the purchase of bidding documents. The only charge shall be equivalent to the cost of producing (copying) the bidding documentsadvertised; (vi) in the evaluation of bids, no bids may not shall be rejected where at bid opening; (vii) no bids shall be rejected solely because they differ substantially from exceed the estimated prices calculated by price. Bids can be cancelled and new bids invited, only if the procuring entity, except where conditions of clause 2.61 of the bid prices exceed the available budgetProcurement Guidelines are met; (viii) rebidding all bid evaluation criteria shall not be carried out without prior approval of the Associationquantifiable in monetary terms or expressed as a pass/fail criteria; and (ix) works contracts of more than eighteen (18) months’ duration shall include appropriate price adjustment provisions; and (x) prior advance Association approval of the Association shall be is required for any modification modifications in the contract scope and scope/conditions during implementation. (b) Shopping (c) Direct Contracting

Other Methods of Procurement of Goods. Works and WorksNon-consulting Services. The following table specifies the methods of procurement, other than International Competitive Bidding, which may be used for goods goods, works and worksnon-consulting services. The Procurement Plan shall specify the circumstances under which such methods may be used: (a) National Competitive Bidding, subject to the following additional provisions: (i) there shall be no eligibility restrictions based on nationality of bidder; (ii) pre-qualification shall not may be used for simple works procurement and shall be conducted only for large works contracts; (iiiii) entities in which the State or a State official owns a shareholding of whatever size shall not be invited to participate in tenders for the Government unless they are and can be shown to be legally and financially autonomous and they operate under commercial law; (iv) no national preferences may be applied on the basis of the origin of products or labor; (v) joint venture partners shall be jointly and severally liable for their obligations; (vi) no “participation fee” shall be required of bidders for the purchase of bidding documents. The only charge shall be equivalent to the cost of producing (copying) the bidding documents; (vivii) in the evaluation of bids, bids may not be rejected where they differ substantially from the estimated prices calculated by the procuring entity, except where the bid prices exceed the available budget; (viii) rebidding shall not be carried out without prior approval of the AssociationBank; (ix) works contracts of more than eighteen (18) months’ duration shall include appropriate price adjustment provisions; and (x) prior approval of the Association Bank shall be required for any modification in the contract scope and conditions during implementation; and (xi) standard bidding documents approved by the Bank shall be used. (b) Shopping (c) Direct Contracting (d) Well-established Private Sector Procurement Methods or Commercial Practices which have been found acceptable to the Bank (e) Procedures set forth in paragraphs 3.19 of the Consultant Guidelines for Community Participation in Procurement for goods, works and non-consulting services under Part C of the Project

Other Methods of Procurement of Goods. Works and WorksNon-Consultant Services. The following table specifies the methods of procurement, other than International Competitive Bidding, which may be used for goods goods, works and worksnon- consultants services. The Procurement Plan shall specify the circumstances under which such methods may be used:. (a) National Competitive Bidding, subject to the following additional provisionsprocedures: (i) there contracts shall be no eligibility restrictions awarded to the bidder whose bid has been determined to be the lowest evaluated bid, such evaluation to be based on nationality price and, whenever appropriate, to also take into account factors similar to those referred to in paragraph 2.52 of bidderthe Guidelines, provided, however, that the bid evaluation shall always be based on factors that can be quantified objectively, and the procedure for such quantification shall be disclosed in the invitation to bid; (ii) pre-qualification shall not be used for simple works procurement and whenever required by the Bank, the invitation to bid shall be conducted only for large works contractsadvertised in at least one newspaper of national circulation in Brazil or the national official gazette; (iiiii) entities the arrangements, under the invitation to bid, for joint-ventures (consórcios) of Brazilian and foreign firms shall be approved in which advance by the State or a State official owns a shareholding of whatever size shall not be invited to participate Bank in tenders for the Government unless they are and can be shown to be legally and financially autonomous and operate under commercial laweach case; (iv) no national preferences may be applied on the basis invitation to bid shall not establish, for purposes of acceptance of bids, minimum or maximum amounts for the origin of products or laborcontract prices; and (v) joint venture partners the purchaser shall be jointly not, without the Bank’s prior approval, issue any change order under a contract which would increase or decrease by more than 15% the quantity of goods (and severally liable for their obligations; (virelated services) no “participation fee” shall be required of bidders for the purchase of bidding documents. The only charge shall be equivalent to the cost of producing (copying) the bidding documents; (vi) without any change in the evaluation of bids, bids may not be rejected where they differ substantially from the estimated unit prices calculated by the procuring entity, except where the bid prices exceed the available budget; (viii) rebidding shall not be carried out without prior approval of the Association; (ix) works contracts of more than eighteen (18) months’ duration shall include appropriate price adjustment provisions; and (x) prior approval of the Association shall be required for any modification in the contract scope or other terms and conditions during implementationof sale. (b) ShoppingShopping (c) Community Participation